DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00987-0939
, 5 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application om 25 February 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this regard, the Board noted that you
were discharged because of a condition, mot a disability, which
interfered with your performance of duty. There is no credible
evidence that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief
period of naval service. Your receipt of disability compensation
from the Department of Veterans Affairs (VA) is not probative of
the existence of error or injustice in your naval record,
because the VA awards disability compensation without regard to
the issue of the veteran’s fitness for military duty on the date
of his separation from the service. As you were not discharged
by reason of physical disability, there is no basis for
permitting you to receive or retain any bonus payments for
service you did not perform. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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